Interoffice Memorandum
DATE: June 16, 2025
TO: Mayor Jerry L. Demings and County Commissioners
THROUGH: N/A
FROM: Tanya Wilson, AICP, Planning, Environmental, and Development Services Department
CONTACT: Douglas Robinson, Chief Planner, Planning Division
PHONE: 407-836-5518
DIVISION: Planning Division
ACTION REQUESTED:
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Approval and execution of Resolution of the Orange County Board of County Commissioners regarding amendment to previously adopted Standard Operating Procedures to implement the requirements of the Live Local Act. All Districts. (Planning Division)
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PROJECT: Update to the Orange County Live Local Development Processes Required by Florida Senate Bill 1730
PURPOSE: Senate Bill 1730, which serves as an update to legislation known as the Live Local Act (“Act”), took effect on July 1, 2025. The original Act required local governments to authorize multi-family and mixed-use residential as allowable uses in any area zoned for commercial, industrial, or mixed use, if at least 40 percent of the residential units in a proposed multi-family rental development are, for a period of at least 30 years, affordable as defined in Section 420.0004, Florida Statutes. A proposed multi-family development that satisfies the Act’s criteria is not required to obtain a zoning or land use change, special exception, conditional use approval, variance, transfer of density or development units, amendment to a development of regional impact, or comprehensive plan amendment for the building height, zoning, and densities, and such projects must be administratively approved. On September 10, 2024, the Board approved a Resolution adopting an update to previously approved Standard Operating Procedures (SOP) and zoning guidelines to implement the requirements of the Act. The new legislation makes several changes to the Act, some of which provide clarity to existing standards and others which are new. The following is an overview of the major revised components in the SOP:
Regarding Administrative Approvals: Clarifies that projects shall be approved without further action by the County commission or any quasi-judicial or administrative board of the reviewing body. Requires administrative approval of the demolition of any existing structure without further action by the County Commission. Director of the Planning, Environmental, and Development Services Department, or their designee, will sign an administrative approval letter confirming the project complies with Act Requirements.
Regarding Parking Reduction: Requires a 15 percent reduction if the development is located within one-quarter mile of transit stop accessible from development or located within one-half mile of a major transit hub and has available parking within 600 feet of development.
Regarding Planned Unit Developments: Expands the list of flexibly zoned areas to include planned unit developments. Only those portions of the Planned Development (PD) designated for commercial/industrial/mixed use are eligible under the Act. Portions of a PD designated for “Recreational use”, with uses such as golf courses, tennis courts, swimming pools, and clubhouses, are not defined as commercial use, industrial uses, or mixed use, irrespective of how they are operated, and are not eligible for a Live Local Project. An amendment to the PD Land Use Plan is not required.
Regarding Sensitive Environmental Areas: Expands prohibited areas to include the Wekiva Study Area.
Regarding Mixed-Use: Prohibits requiring more than 10 percent of the total project square footage as non-residential. Specifies that mixed-uses do not include uses that are accessory, ancillary, or incidental to allowable uses or allowed only on a temporary basis. This includes recreational uses such as golf courses, tennis courts, swimming pools, and club houses. Allows multi-family and mixed-use residential developments in portions that are permitted for commercial, industrial, or mixed-use. Multi-family or mixed use are prohibited in single-family portions of a planned development.
Regarding Historic Properties: Requires the proposed development to comply with regulations relating to architectural design from properties listed in the National Register of Historic Places. Allows the restriction of a proposed building’s height on parcels that contain a contributing structure or building within a historic district or a building or structure individually listed on the National Register of Historic Places, within a reduced radius of ¾ mile.
Regarding Annual Reporting: Requires the County to provide an annual report to the state land planning agency that will include a summary of litigation relating to Live Local; and a list of all projects proposed or approved under Live Local during the previous fiscal year
BUDGET: N/A